Regulación del tipo penal extorsión en grado tentativa en el Código Orgánico Integral Penal.

Abstract

The present thesis work is entitled 'REGULATION OF THE CRIME OF ATTEMPTED EXTORTION UNDER THE ECUADORIAN LEGAL FRAMEWORK.' Its purpose is to establish the distinction among property-related offenses such as extortion, attempted extortion, and intimidation. The study is based on doctrine, national legislation, and comparative legislation related to the crime of extortion, intimidation, and attempted extortion.The confusion that exists in practice among prosecuting agents when filing charges for the crime of extortion is analyzed. Charges for intimidation are brought in cases where the crime has not been consummated, as the necessary elements to determine the corresponding criminal offense are not taken into consideration. The concept of attempted extortion is recognized, and the rights violated for the accused due to the legal gap in Ecuadorian Penal Legislation are explained.A legislative proposal was developed to amend the normative legal gap regarding the degree of attempt present in the crime of extortion as defined in Article 185 of the COIP (Organic Integral Criminal Code).